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STATE v. KOWALCZYK

4 N.J. Super. 47 (1949)

66 A.2d 175

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN KOWALCZYK, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 16, 1949.

Attorney(s) appearing for the Case

Mr. Mark Townsend (Mr. Theodore D. Parsons, Attorney General of the State of New Jersey, attorney) argued the cause for the plaintiff-respondent.

Mr. Joseph Tomaselli (Messrs. Malandra & Tomaselli, attorneys) argued the cause for the defendant-appellant.

Before Judges EASTWOOD, BIGELOW and FREUND.

The opinion of the court was delivered by BIGELOW, J.A.D.

The appellant was convicted of false swearing. Indictment and conviction were based on the following passage, which is taken from his testimony given before the grand jury of Camden County. The Attorney General, showing appellant a photograph that has been proved to be a photograph of Benjamin Anyzcek, asked:

"How about this one? Do you know him? No, sir.

"This one? (Indicating the same or another...

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